Disciplinary Process – Common Mistakes made by Employers

When an employer is conducting a disciplinary process, any action must be carried out fairly, have a good reason for taking the action and must follow general principles to ensure a fair process. However we come across some common mistakes, here’s just a few:

Predetermining the outcome. The incident/situation is an allegation in the first instance.

Not raising the allegation promptly after the incident/situation has occurred.

Not completing a proper, impartial, full and documented investigation into the allegation (including not interviewing all relevant people) prior to a disciplinary meeting.

Failing to advise the employee what the possible disciplinary outcomes might be at the start of the process.

Not providing long enough time for the employee to seek advice or prepare a response to the allegation.

Failing to remind the employee of their right to representation or a support person.

Failing to consider the employee’s explanations for their behaviour.

Inconsistency on how employees are treated, especially when the incident/situation is the same or very similar.

Not documenting all outcomes in writing.

A disciplinary process doesn’t need to be a complex process, it just needs to be a fair process. TBD HR can provide guidance, support and critical advice to help you complete a disciplinary process in a fair and reasonable way. So if you’re in this situation, give me a call today.